A Ten Point Rule of Law Test for a Social Media Duty of Care

All the signs are that the government will shortly propose a duty of care on social media platforms aimed at reducing the risk of harm to users.DCMS Secretary of State Jeremy Wright wrote recently:"A world in which harms offline are controlled but the same harms online aren’t is not sustainable now…".  The House of Lords Communications Committee invoked a similar 'parity principle':"The same level of protection must be provided online as offline."Notwithstanding that the duty of care concept is framed as a transposition of offline duties of care to online, proposals for a social media duty of care will almost certainly go significantly beyond any comparable offline duty of care.When we examine safety-related duties of care owed by operators of offline public spaces to their visitors, we find that they: (a) are restricted to objectively ascertainable injury, (b) rarely impose liability for what visitors do to each other,(c) do not…

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